Custodial violence and torture continue to be rampant in our country. It represents the worst form of excesses by public servants entrusted with the duty of law enforcement. The National Confederation of Human Rights Organizations (NCHRO) visited the family of Mohammad Ramzan, who has died in suspicious circumstances in police custody. NCHRO delegation met the family in Mangrol town of Baran district upon the instruction of NCHRO Rajasthan chapter president TC Rahul. Mohammad Ramzan died under police custody at Kota Medical Hospital on 26 April. In a video surfaced on social media, Ramzan is being seen to say that he was brutally beaten up by police guards. It was alleged that this torture claimed Ramzan’s life despite his chronic illness. He was jailed in Baran jail in Rajasthan, earlier serving four years of jail, however, later his sentence was brought down by two years after he moved to the High Court. When he was admitted to the Baran jail, his medical report showcased serious health condition and he was assured treatment.

He had been in jail for the last 9 months. During this, he fell ill and his family had to visit both hospital and jail several times. Adv. Ansar Indori, National Exco member of NCHRO while addressing the press conference said that in last December a bail application was also filed before Supreme Court, for which Ramzan’s son Mohammad Rizwan had always in touch with the organization.

Rizwan, son of Ramzan told, when his father fell ill, he was admitted to the prisoners ward of medical college in Kota. The guards would ask for Rs.500 from the family every time to let them meet. When the family did not agree to bribe the guards, they became more violent and thrashed Ramzan more. Family refused to give the money to guards and complained to the hospital administration, made situation worse. The police guards hung Ramzan by his feet with a chain and brutally beat him up with pipes. Whereby his condition became worse and was referred to Jaipur SMS medical college on the very next day. When he felt better in Jaipur, he told everything to the family and media. The guards used to abuse Ramzan based on his religion, used to mock the family on their appearance whenever they used to visit their father.

NCHRO has demanded that the Government has a responsibility to ensure both justice and relief for Ramzan’s family by recommending prosecution of those who committed the crime and compensation for the victims and give Govt. job to one of the family member. As police and public order are state subjects, the brunt of the allegations of institutional murder must be borne by the Rajasthan government.

The enforcers of the law are some of the biggest perpetrators of crimes was evident yet again. One would assume that such custodial torture deaths have ended, but it is happening again solely because no one is punished. A pervasive regime of impunity was the single most important factor for institutionalising widespread use of custodial torture. Communally targeted violence by the authorities raises another serious concern of human rights violations of minorities present inside the various correctional institutes across the nation.

In 2018, a report was presented in Rajya Sabha by the Union Ministry of Home Affairs, titled ‘Torture Update India’. According to the report, 1,647 custodial deaths took place from April 2017 to February 2018. Based on this number, on an average, India registers 5 custodial death daily. Though India is a signatory of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) 1997, it is yet to ratify it. Efforts to bring a law against torture have failed. The government has been urged by the National Human Rights Commission (NHRC) to recognise torture as a separate crime and codify the punishment in a separate penal law. About 40% of complaints received every year by the NHRC are against the police — mainly for custodial violence. Inflicting violence on helpless suspects and subjecting them to degrading treatment has become a common phenomenon and routine police practice. The police were rarely held accountable for their abuses. Making matters worse is the fact that the easiest targets for such violence are people who belong to marginalized communities and other vulnerable sections of society.

“A growing communal mindset through politics of hate had taken my father’s life”, said Rizwan, son of deceased Ramzan at a press conference held by National Confederation of Human Rights Organizations (NCHRO). Different advocates and activists addressed the press conference held on death of Mohammad Ramzan in judicial custody in Kota, Rajasthan.

Son Mohammad Rizwan told in press conference that once his father had once got parole, after which a file was sent to administration and the governor to free him from the sentence through the district collector. Rizwan said that a few days ago when his father fell ill, he was admitted to the prisoners’ ward of medical college in Kota. When my mother, brother and I went to see him, on duty policemen misbehaved with us and didn’t allow us to meet my father. They also asked for a bribe of 500 rupees for allowing us. We refused to give them the money and complained to the hospital administration for it. Just because of this, the police in drunken condition hung my father by his feet with a chain and brutally beat him up with pipes. Whereby his condition became worse and was referred to Jaipur SMS on the very next day. When he felt better in Jaipur, he told everything to the family and media. Then he was discharged and referred to another department by the doctor, but the police took my father to Jaipur in the name of discharge card. When we complained to the doctor about it, he said them to stop, but they did not listen to anybody and switched their mobiles off. On the same day we had complained to chairman of Human Rights Commission and DGP about the rude behavior of police with my father. DGP Rajasthan had also said to me that the police should not have taken him while treatment is going on, it could cause his death. And my father lost his life.

NCHRO National Exco member Advt. Ansar Indori siad while addressing the press conference that a case was filed against Ramzan in trial court u/s 307 in 1987. In 1991, he was sentenced 4 years imprisonment by the court. Then an appeal for bail was submitted to Rajasthan High Court and the bail was granted. However, the appeal was in pending. He was sentenced 2 years imprisonment by the High Court about 9 months ago. He had been in jail for the last 9 months. During this, he fell ill and his family had to visit both hospital and jail several times. He said that in December last a bail application was also filed before SC, for which Ramzan’s son Mohammad Rizwan had requested the organization in written form and was always in touch with the organization for his father’s bail.

Nadeem Khan, a social activist told that Ramzan had stated in a video clip before his death that the police had warned him not to tell anyone about what happened to him. He was also disgraced for wearing cap and having beard. After two days he was discharged by the police, without any information to the family. Ramzan was secretly taken to Kota from Jaipur. When his condition became worst, he was again admitted to Kota medical hospital, where he died on 26 April night.

Parvez Ahmad, Delhi State President, Popular Front of India siad that today people are being targeted on the basis of hatred. In a country where people protect their ill family members, prisoners suffering from sickness are beaten up in hospitals, which shows the far-reaching hatred in the minds of people.

Shriji Bhawsar, Advocate, Supreme Court said that it is the demand of the organization to provide appropriate compensation to the victim family, to file murder case against the policemen accused for beating Ramzan and provide govt job to any member of the family.

Prof. Apoorvanand, Delhi University said that Mohammad Ramzan has become a victim of hate politics. Accused policemen assaulted and abbused him on the basis of his religion. He said that today those who are in administration don’t hasitate from taking law in thier hands because of the communal mentality.

Advt. Fuzail Ahmad, Supreme Court said that Rajasthan police is trying to prove it as he died because of illness. While the truth is that he has died because he was assaulted physically.